Good News For Opponents Of Class Certification

Law360, New York (August 25, 2009, 1:59 PM EDT) -- In an opinion favorable to opponents of class certification — In re Hydrogen Peroxide Antitrust Litigation, 552 F.3d 305 (3d Cir. 2009) — the U.S. Court of Appeals for the Third Circuit imposed stringent requirements on district courts considering whether to certify a class action under Federal Rule of Civil Procedure 23.

The Third Circuit’s analysis is significant because the court made clear that a district court may not apply a lenient standard of proof in rendering class certification decisions.

That is, the district court may...
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